§ 10.92

The purpose of this Chapter is to provide a process by which applicants can request a reduction or modification to the setback standards established in this Title. It is the intent of this Chapter to provide flexibility in existing residential property development standards which would otherwise preclude development of single-unit or multi-unit residential dwellings. (Ord. 2024-001, 9-10-2024)

The standards and procedure established in this Chapter shall apply to all parcels where at least one residential dwelling already exists or is proposed. This Chapter shall not apply to accessory dwelling units and junior accessory dwellings in compliance with Chapter 10.52 (Accessory Dwelling Unit) and Chapter 10.54 (Junior Accessory Dwelling Units). (Ord. 2024001, 9-10-2024)

The Community Development Director is responsible for implementation of this Chapter through the processing of a setback exchange application. The Director is also responsible for evaluation, recommendation, and future revision of this Chapter. (Ord. 2024-001, 9-10-2024)

A. Front yards on residentially zoned parcels may be less than the required setback, provided that a written request and site plan are submitted.

B. The reduction of any side yard or rear yard shall be prohibited.

C. The modified front yard setback shall not be less than the required interior side yard for the zone district where the site is located.

D. Applicant shall designate an area elsewhere on the parcel where no existing or proposed structures, outdoor pools, or hot tubs shall be located or constructed.

E. A setback exchange, if granted, shall run with the land and shall continue to be valid upon a change of ownership. (Ord. 2024-001, 9-10-2024)

A. A setback exchange application shall be processed independently of or concurrently with an entitlement application and/or Building Permit.

B. A complete application for a setback exchange shall include the following:

1. Complete application forms provided by the Community Development Department.

2. A dimensioned site plan illustrating the location of all structures on the subject property, the proposed encroachment into the required front or rear yard, and the designated replacement area.

3. Any designated replacement area shall be located outside of required setbacks and shall have minimum dimensions of eight feet (8') by eight feet (8') and shall be situated so as to be accessible and useable by the occupant of the premises.

4. Required application fee in accordance with the City's Master Fee Schedule. The required application fee shall be paid at time of application submittal or shall be paid at time of building permit issuance.

C. Submittal of a complete entitlement application and/or Building Permit may cause a review of planning and Building Permit activity for the subject property to ensure compliance with the Reedley Municipal Code. An identified planning/building or code violation may require the property owner to make necessary corrections prior to the issuance of an entitlement. (Ord. 2024-001, 9-10-2024)

10.92.060: FINDINGS:

The Community Development Director shall find that the granting of the setback exchange will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located and will not be in contradiction of the objectives of this Zoning Code. (Ord. 2024-001, 9-10-2024)